TERMS AND CONDITIONS
(WHICH CONSTITUTE PART OF THE BILL OF SALE/SALE CONTRACT FOR DOG)
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION
1. Deposit, Payment of Purchase Price, Fees
Buyer has paid a deposit of $______________, with a balance of $____________ due for the puppy. If shipping is needed it is an additional price of $_________. Total balance due $______________. Puppy will be 8 weeks old (in some cases we keep them longer) and ready to go on ________________.
Payment of the balance may be made by debit card, credit card. If picking up in person, we prefer cash.
Buyer acknowledges and agrees that Buyer will forfeit the deposit and any rights to the Dog if:
(a) Buyer fails to complete the purchase of the Dog for any reason, or
(b) Buyer fails to pay the balance of the Purchase Price within 5 days of the agreed delivery date.
If either of the two (2) aforesaid events occur, Seller shall be free to sell the Puppy/Dog to another party.
In the event that the Dog is not available due to sickness, death, or any other circumstance due to the fault of Seller, Buyer’s deposit will, at Buyer’s option, be either (i) refunded, or (ii) transferred to the next litter of puppies.
A boarding fee of $10. per day will be charged for each day the Dog is boarded by Seller past the agreed delivery date.
2. Transfer of Ownership and Registration
(a) Upon payment in full of the Purchase Price, Seller (at Seller’s sole cost) shall promptly take all actions required to officially transfer ownership and registration (if any) of the Dog to Buyer.
(b) Buyer will have “Aloha’s” in the name of the puppy/dog on the registration papers, when/if papers are provided.
3. Seller’s Representations and Warranties, including Health Guarantee
Seller represents and warrants to Buyer that:
(a) Seller is the true and legal owner of the Dog and that Seller has full legal rights and authority to sell the Dog.
(b) The Dog is being sold free and clear of any lien, security interest, charge or other encumbrance.
(c) Seller guarantees that the Dog is a purebred dog or “hybrid” offspring of the purebred sire and purebred dam.
(d) The Dog is in good health, and free of communicable diseases at the time of this sale and Seller has conducted a veterinarian health check prior to delivery of the Dog and has followed vaccination and deworming protocols as outlined by the Seller’s veterinarians. Notwithstanding any statutory, ordinance or legal provisions to the contrary, Buyer has two (2) business days (48 hours) from the delivery date to have the Dog examined by a licensed veterinarian, at Buyer’s sole cost. Buyer agrees to not subject the Dog to a SNAP Parvo test and acknowledges that a SNAP Parvo test is inaccurate and unreliable as an indicator of Parvo.
(e) If the Dog fails the health examination, Buyer must notify Seller within five (5) business days of the examination by providing written evidence from the veterinarian that conducted the examination clearly describing the condition. Under these circumstances, Buyer’s sole option is to return the Dog to the Seller, and it will be exchanged for Dog of equal value from available puppies, or from the next available litter. Seller will not accept any return of Dog for a monetary refund for ANY reason—no exceptions. Notwithstanding the foregoing, Seller in her/his sole discretion may offer the Buyer another option outside the provisions of this Sale Contract to resolve any dispute between the Parties related to the health of the Dog. Failure by Buyer to have the Dog examined within the 2 business days (48 hour) period will nullify this health warranty. If Buyer chooses to keep the Dog, this health guarantee will be null and void, no replacement will be given and all medical costs and treatment are sole responsibility of the Buyer. Buyer shall be responsible for any and all transportation costs associated with the return of the Dog to Seller.
(f) In the unlikely event of the death of the Dog in the first two (2) business days following delivery, and Buyer seeks an exchange for a different Dog as provided herein, a necropsy report prepared and signed by a licensed veterinarian stating that the cause of death was due to a defect covered by this guarantee is required to be delivered to Seller within five (5) business days of death.
(g) Buyer is responsible for all medical costs associated with the Puppy/Dog upon delivery and acceptance. This health guarantee does NOT cover: hypoglycemia, cherry eye, ectropion, allergies, undescended testicles, loose knees or hips, stenotic nares, elongated soft pallet, umbilical hernia, carpal hyperextension, hyperflexion (knuckling over or bowed legs), bloat, haw eye, dermatitis, demodectic mange, kennel cough, giardia or coccidia. Once Buyer takes possession of the Dog, Buyer is responsible for the Dog’s environment, exposure to injury and health, including all costs associated with the same. Seller has provided Buyer with New Dog/Puppy Care Instructions. Seller will NOT replace a Dog due to heat stroke, abuse/neglect, or improper socialization. Buyer agrees that she/he has thoroughly researched the breed of the Dog purchased, and understands the many health issues that the breed being purchased can possess. This health guarantee covers only the original Buyer and is not transferable.
(h) Seller guarantees that the Dog shall be free of congenital defects or any hereditary condition, which adversely affects your Dog’s health for the period of one (1) year from date of purchase. If within one (1) year of date of purchase from Seller, the Dog is found and certified by two (2) duly licensed doctors of veterinary medicine (DVM) of Buyer’s choosing to have a congenital or hereditary condition which adversely affects the health of the Dog, and if Seller is notified within five (5) business days of the veterinarian’s determination, Seller will provide Buyer with a replacement puppy of equivalent value. All laboratory verification must be done by a licensed DVM.
(h) To ensure that Buyer does not euthanize the Dog, or take it to an animal shelter, Seller agrees to accept return of the Dog at any time during the Dog’s lifetime. Seller will not issue a refund or provide another Dog to Buyer unless Seller at her/his sole option elects to do so.
(i) Seller will not honor any diagnosis from an HSVMA (Humane Society Veterinary Medical Association) veterinarian or any veterinarian associated with Banfield Veterinarian Services.
4. Fitness of Purpose
The Dog was bred as a companion animal, and Seller does not provide any warranty as to the Dog’s fitness for any specific or particular purpose, including but not limited to obedience trials, show ring performance, and/or breeding purposes.
5. Buyer’s Representations
Buyer represents to Seller that:
(a) Buyer has read and understands completely and agrees to the terms and conditions set forth.
(b) Your Dog comes with up to date vaccinations, and Buyer should not have the Dog vaccinated within the first ten (10) days of receiving the Dog in order to avoid over-vaccination.
(c) Buyer will have the Dog spayed or neutered by the age of six (6) months for toy breeds. Danes up to 1 year-18 months . Registration documents will be delivered to Buyer upon Seller’s receipt of verifiable evidence that the Dog has been spayed or neutered. Breeding of the Dog shall terminate any health guarantee made by Seller within this Agreement. Unless you are purchasing this dog/puppy with breeding rights (which is a different price) all Registration documents will come with the puppy.
(d) The Dog will reside with Buyer as companion pet to Buyer and Buyer’s family unless otherwise agreed to in writing by Seller and Buyer.
(e) Buyer will keep the Dog in an enclosed area of adequate size and will not allow the Dog to roam at will or unconfined.
(f) Buyer will provide the Dog with nutritious food and necessary veterinary care, including deworming, heartworm prevention and regular vaccinations (including rabies) and as further outlined in the New Dog/Puppy Care Instructions,
(g) Buyer warrants and represents that she/he are not acting as the agent or representative of, or in any way on behalf of, any other person, business, organization or entity in the purchase of the Dog.
(h) Buyer warrants and represents that she/he will not under any circumstances sell, give, transfer or release the Dog to a pet shop, retail store, dog dealer, animal testing facility, research facility, or any agent or representative of any such business, facility, organization or entity.
(i) In the event Buyer sells or otherwise transfers ownership of the Dog to a new owner, Buyer shall ensure that the new owner agrees in writing to comply with the terms of this Agreement.
(j) Buyer certifies that she/he is not a paid worker, member or volunteer for any animal rights groups such as, but not limited to, the Humane Society of the United States (HSUS), American Society for the Prevention of Cruelty to Animals (ASPCA), Society for the Prevention of Cruelty to Animals (SPCA), People for the Ethical Treatment of Animals (PETA), or any such similar organization (on either a national, state or local level).
(k) Temperament issues are not covered by any health guarantee set forth in this Agreement or otherwise, as they can be caused by a number of factors outside the control of the Seller, including without limitation lack of training, discipline, neglect, abuse, or proper socialization.
(l) Seller does NOT guarantee the adult size of any dog.
6. Indemnity and Release
If any act, omission or failure to act on the part of Buyer shall result in any claim or suit for any kind of loss, damage, injury, death, or liability against Seller, Buyer agrees to hold harmless and fully indemnify, defend Seller against any and all claims. In addition, Buyer shall take financial responsibility and pay all of Seller’s costs and expenses, including reasonable legal fees, for any amount paid in settlement and/or for any award or judgment with respect thereto. Buyer releases Seller from any and all liability, costs or damages caused by the Dog after placement with Seller, including but not limited to damage to or destruction of property, and/or injury, illness or damage to any person.
7. Binding Arbitration Provision
This Agreement contains a binding Arbitration Provision:
BINDING ARBITRATION PROVISION
ANY DISPUTE OR DISAGREEMENT REGARDING THE TERMS, CONDITIONS, IMPLEMENTATION OR OPERATION OF THIS AGREEMENT WHICH CANNOT BE RESOLVED BY BUYER AND SELLER SHALL BE SUBMITTED TO BINDING ARBITRATION UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, WHICH ARBITRATION SHALL TAKE PLACE IN THE METROPOLITAN DIMOCK, SD AREA. THE ARBITRATION DECISION SHALL BE BINDING ON THE PARTIES, THEIR ATTORNEY, AND THEIR AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE PARTIES AND THEIR ATTORNEYS EXPRESSLY AND KNOWINGLY ACKNOWLEDGE BUT WAIVE THEIR RIGHTS TO A TRIAL, WHETHER BY JURY OR NON-JURY, IN CONSIDERATION OF THE INCREASED SPEED AND LOWER COSTS TYPICALLY ASSOCIATED WITH ARBITRATION OVER TRIALS, AS WELL AS THE BINDING EFFECT OF THE ARBITRATION DECISION IN THIS MATTER.
8. Limitation of Action
Notwithstanding any federal, state or local statutory, ordinance or legal provision to the contrary, Buyer and Seller contractually agree that any action or claim brought by Buyer against Seller for breach of this Agreement or for loss due to negligence must be brought within one (1) year of the date such claim or loss occurs.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of
10. Entire Agreement
This Agreement, represents the entire agreement between the parties. Seller and Buyer have made no other agreements, promises, representations or warranties, express or implied. Any additions, deletions or changes to this Agreement shall be set forth in writing, dated and signed by Buyer and Seller. The only warranties given under this Agreement are those expressly set forth herein. Buyer acknowledges that by signing this Sale Contract, she/he is entering into a legal and binding contract.
Buyers Name Signature of Buyer
Address & phone number
Sellers Name Signature of Seller
Breed:____________________________________ Sex:_____________ Date of Birth:_________________________
Color:__________________________ Sire:__________________________ Dam:_____________________________
Price: ___________________ Shipping fee (if applicable): __________________________
Date of Deposit:___________________________ Date of Sale:________________________________
Bill of Sale/Receipt will accompany your puppy/dog as well as a New Dog/Puppy Care Instruction sheet and a Health Certificate signed by our vet that the puppy is in good health.